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About The McCook tribune. (McCook, Neb.) 1886-1936 | View Entire Issue (June 8, 1906)
R 4 il tf B M 4 K i S T l I IK t -- it UV respect to sucirirahsportatIonlsJust fair and reasonable to be thereafter followed and to make an order that the carrier shall cease and desist from such violation to the extent to which the commission And the same to exist and shall not thereafter publish de mand or collect any rate or charge for such transportation In excess of the maximum rate or charge so prescribed and shall conform to the regulation or practice so prescribed Rates Take Effect In Thirty Days All orders of the commission ex cept orders for the payment of money shall take effect within such reasonable time not less than thirty days and shall continue In force for such period of time not exceeding two years as shall be prescribed In the order of the commission unless the same shall be suspended or modified or set aside by the commission or be suspended or set aside by a court of competent jurisdic tion Whenever the carrier or carriers In obedience to such order of the com mission or otherwise shall publish and file In respect to joint rates fares or charges and shall fail to agree among themselves upon the apportionment or division thereof the commission may after hearing make a supplemental or der prescribing the just and reason able proportion of such joint rate to be received by each carrier party there to which order shall take effect as a part of the original order May Establish Through Routes The commission may also after hearing on a complaint establish through routes and joint rates as the maximum to be charged and prescribe the division of such rates as hereinbe fore provided and the terms and condi tions under which such through routes shall be operated when that may be necessary to give effect to any provi sion of tills act and the carriers com plained of have refused or neglected to voluntarily establish such through routes and joint rates provided no reasonable or satisfactory through route exists and this provision shall apply when one of the connecting car riers Is a water line If the owner of property transport ed under this act directly or Indirectly renders any service connected with such transportation or furnishes any instrumentality used therein the charge and allowance therefor shall be no more than Is just and reasonable and the commission may after hearing on a complaint determine what Is a rea sonable charge as the maximum to be paid by the carrier or carriers for the service so rendered or for the use of the instrumentality so furnished and fix the same by appropriate order which order shall have the same force and effect and be enforced in like man ner as the orders above provided for in this section The foregoing enumeration of pow ers shall not exclude any power which the commission would otherwise have in the making of an order under the provisions of this act Sec 5 That section 1G of said act as amended March 2 1SS9 be amended so as to read as follows Sec 1G That if after hearing on a complaint made as provided in section 13 of this act the commission shall de termine that any party complainant Is entitled to an award of damages under the provisions of this act for a viola tion thereof the commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named Petitions In Damage Suits If a carrier does not comply with an order for the payment of money within the time limit in such order the com plainant or any person for whose ben efit such order was made may file in the circuit court of the United States for the district In which he resides or in which is located the principal oper ating office of the carrier or through which the road of the carrier runs a petition setting forth briefly the causes for which he claims damages and the order of the commission in the prem ises Such suit shall proceed In all re spects like other civil suits for dam ages except that on the trial of such suit the findings and order of the com- mfsslon shall Tie prima facie evidence tlon shall be by petition wnicIFsIiall of the facts therein stated and except state the substance of the order and forcement of an order for the payment JilL lue r uiboueuieuue ul the the shall enforce nf mnnnv 111 im f ll in h imuif same court court within one year from the date of j me oruer auu not utter iroviueu tnat accrued claims may be presented with in one year Plaintiffs May Act Together In such suits all parties in whose favor the commission may have made an award for damages by a single or der may be joined as plaintiffs and all of the carriers parties to such order awarding such damages may be joined as defendants and such suit may bo maintained by such joint plaintiffs and against sucli joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defend ants and service of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has Its principal operating office In case of such joint suit the recovery if any may be by judgment in favor of any one of such plaintiffs against the defendant found to be liable to such plaintiff Every order of the commission shall be forthwith served by mailing to any one of the principal officers or agents of the carrier at his usual place of busi ness a copy thereof and the registry mall receipt shall be prima facie evi dence of the receipt of such order by the carrier in due course of mail Commission May Modify Orders The commission shall be authorized to suspend or modify its orders upon such notice and In such manner as it shall deem proper It shall be the duty of every com mon carrier its agents and employees to observe and comply with such or ders so long as the same shall remain in effect Any carrier any officer representa tive or agent of a carrier or any re ceiver trustee lessee or agent of ei ther of tliem who knowingly fails or neglects to obey any order made under the provisions of section 15 of this act shall forfeit to the United States the sum of 5000 for each offense Every distinct violation shall be a separate offense and in case of a continuing violation each day shall be deemed a separate offense The forfeiture provided for in this act shall be payable into the treasury of the United States and shall be re coverable in a civil suit in the name of the United States brought in the dis trict where the carrier has Its princi pal operating office or in any district through which the road of the carrier runs Federal Prosecution For Forfeitures It shall be the duty of the various district attorneys under the direction of the attorney general of the United States to prosecute for the recover7 of forfeitures The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States The commission may with the consent of the attorney general employ special counsel In any proceeding under this act paying the expenses of such em ployment out of its own appropriation If any carrier fails or neglects to obey any order of the commission other than for the payment of money while the same is in effect any party injured thereby or the commission in its own name may apply to the circuit court in the district where such carrier has Its principal operating office or in which the violation or disobedience of such order shall happen for an en forcement of such order Such j00OSC Vr V FRANKLIN President A C EBERT Cashier t W B WOLFE Vine President -- - j av v THR CITIZENS BANK OF McCOOK NEB Paid Up Capital 50000 Surplus 4000 FRANKLIN DIRECTORS W B WOLFE b w jf A C EBERT 1OO000O0O00C E J HITCHELL Auctioneer Catalogue and Sale Bills Compiled Stock and Farm write ups Satisfaction Guaranteed With the Republican McCook Nebraska dience to such order by a writ of in junction or other proper process man datory or otherwise to restrain such carrier Its officers agents or repre sentatives from further disobedience of such order or to enjoin upon it or them obedience to the same and in the enforcement of such process the court shall have those powers ordina rily exercised by it in compelling obe dience to its writs of injunction and mandamus Appeal to Supreme Court From any action upon such petition an appeal shall lie by either party to the supreme court of the United States and in such court the case shall have priority In hearing and determi nation over all other causes except criminal causes but such appeal shall not vacate or suspend the order ap pealed from Venue of Suits Against Commission The venue of suits brought in any of the circuit courts of the United States against the commission to en join set aside annul or suspend any order or requirement of the commis sion shall be in the district where the carrier against whom such order or re quirement may have been made has its principal operating office and may be brought at any time after such order is promulgated And if the order or re quirement has been made against two or more carriers then In the district where any one of said carriers has its principal operating office and if the carrier has its principal operating of fice in the District of Columbia then the venue shall be In the district where said carrier has Its principal office and jurisdiction to hear and determine such suits is hereby vested in such courts The provisions of An act to expedite the hearing and determination of suits in equity and so forth approved Feb 11 1903 shall be and are hereby made applicable to all such suits Including the hearing on an application for a pre liminary injunction and are also made applicable to any proceeding in equity to enforce any order or requirement of the commission or any of the provi sions of the act to regulate commerce approved Feb 4 1887 and all acts amendatory thereof or supplemental thereto It shall be the duty of the at torney general In every such case to file the certificate provided for in said expediting act of Feb 11 1003 as nec essary to the application of the provi sions thereof and upon appeal as therein authorized to the supreme court of the United States the case shall have In such court priority in hearing and determination over all other causes except criminal causes The Court Review Section Provided that no Injunction interloc ntnrv nrflnr or decree snsnendlnc or re- character and criminal causes The copies of schedules and tariffs of rates fares and charges and of all contracts agreements or arrange ments between common carriers filed with the commission as herein provid ed and the statistics tables and fig ures contained in the annual reports of carriers made to the commission as required by the provisions of this act shall be preserved as public records in the custody of the secretary of the commission and shall be received as prima facie evidence of what they pur port to be for the purpose of investiga tions by the commission and in all ju dicial proceedings and copies of or ex tracts from any of said schedules tar iffs contracts agreements arrange ments or reports made public records as aforesaid certified by the secretary under its seal shall be received In evi dence with like effect as the originals Applications For Rchearings Sec G That a new section be added to said act Immediately after section 10 to be numbered as section 16a as follows Sec IGa That after a decision or der or requirement has been made by the commission In any proceeding any party thereto may at any time make application for rehearing of the same or any matter determined therein and It shall be lawful for the commission in Its discretion to grant such a rehear ing If sufficient reason therefor be made to appear Applications for re hearing shall be governed by such gen eral rules as the commission may es tablish No such application shall ex cuse any carrier from complying with or obeying any decision order or re quirement of the commission or oper ate In any manner to stay or postpone the enforcement thereof without the special order of the commission In case a rehearing Is granted the pro ceedings thereupon shall conform as nearly as may be to the proceedings In an original hearing except as the com mission may otherwise direct and Lf In Its judgment after such rehearing andthecpnslderatIon of all facts I that the petitioner shall not be liable the respect In which the carrier has I nal decision order or requirement is for costs in the circuit court nor for failed of obedience and shall be served In any respect unjust or unwarranted costs at any subsequent stage of the upon the carrier in such manner as the proceedings unless they accrue upon his appeal If the petitioner shall final ly prevail he shall be allowed a reason able attorneys fee to be taxed and collected as a part of the costs of the suit All complaints for the recovery of damages shall be filed with the corn- court may direct and the court shall prosecute such inquiries and make such Investigations through such means as it shall deem needful in the ascertainment of the facts at Issue or which may arise upon the hearing of such petition If upon such hearing as mQ court determine to be may mission within two years from the time the cause of action accrues and j not after and a petition for the en 1 sury it uppuura uiut uiu uruui was lawfully made and duly served and eluding those arising since tho former hearing it shall appear that the straining the enforcement of an order i carrIer Person or corporation subject i i iii i i to the provisions of this act shall fad to make nnd nl sai1 annual rePorts cent on hearing after not less than five days notice to the commission An ap 1 witmn tte tIme above specified or tuln tue timc extended the 1 by coin peal may be taken from any interlocu ralssIon for maklu aud fihnS the tory order or decree granting or con- same or sna faU to make an tinuing an injunction In any suit but j fc shall lie only to the supreme court of sr to any question authorized by the Provisions of this section withm thirty the United States Provided further that the appeal must be taV TVlthin I uaP om mf ume a 1S u re- thirty days from the tt ntry der or decree and anajj ta precedence ftnr ce dence in the appellate cuurTWfir all other causes except causes of vWke the commission may reverse change or modify the same accordingly Any decision order or requirement made after such rehearing reversing chang ing or modifying the original determi nation shall be subject to the same provisions as an original order Free Passes For Railway Employees Sec 1Gb Nothing In this act shall prevent any common carrier subject to Its provisions from giving free trans portation or reduced rates to the offi cers of the organizations of such em ployees for tbo purpose of transacting the business of such organizations with such railroads Provided that such re duced rates or free transportation are not issued with the view of discrimi nating in favor of or against any par ticular class of employees Annual Reports From Common Carriers Sec 7 That section 20 of said act be amended so as to read as follows Sec 20 That the commission is hereby authorized to require annual reports from all common carriers sub ject to tho provisions of this act and from the owners of all railroads en gaged in interstate commerce as de fined in this act to prescribe the man ner in which such reports shall be made and to require from such carri ers specific answers to all questions upon which the commission may need information Such annual reports shall show in detail the amount of capital stock issued the amounts paid there for and the manner of payment for the same the dividends paid the sur plus fund if any und the number of stockholders the funded and floating debts and the interest paid thereon the cost and value of the carriers property franchises and equipments the number of employees and the sala ries paid each class the accidents to passengers employees and other per sons and the causes thereof the amounts expended for improvements each year how expended and the character of such improvements the earnings and receipts from each branch of business and from all sources the operating and other ex penses the balances of profit and loss and it complete exhibit of the financial operations of the carrier each year in cluding an annual balance sheet Such reports shall also contain such infor mation in relation to rates or regula tions concerning fares or freights or agreements arrangements or con tracts affecting the same as the com mission may require and the commis sion may in its discretion for the pur pose of enabling It the better to carry out the purposes of this act prescribe a period of time within which all com mon carriers subject to the provisions of this act shall have as near as may be a uniform system of accounts and the manner in which such accounts shall be kept Year Dates From July 1 Said detailed reports shall contain all the required statistics for the pe riod of twelve mouths ending on the 30th day of June In each year and shall be made out under oath and filed with the commission at its office in Washington on or before the 30th day of September then next following un less additional time be granted In any case by the commission and if anj 0frn or quired so to do such parties snail lor feit to the United States the sum of 100 for each and every day It shall continue to be in default with respect thereto Monthly Reports of Earnings The commission shall also have au thority to require said carriers to file monthly reports of earnings and ex penses or special reports within a spec ified period and if any such carrier shall fail to file such reports within the time fixed by the commission it shall be subject to the forfeitures last above provided Said forfeitures shall be recovered in the manner provided for the recov ery of forfeitures under the provisions of this act The oath required by tills section may be taken before any person au thorized to administer an oath by the laws of the state in which the same is taken May Prescribe Form of Bookkeeping The commission may in its discre tion prescribe the forms of any and all accounts records and memoranda to be kept by carriers subject to the pro visions of thi3 act Including the ac counts records and memoranda of the movement of traffic as well as the re ceipts and expenditures of moneys The commission shall at all times have access to all accounts records and memoranda kept by carriers subject to this act and it shall be unlawful for such carriers to keep any other ac counts records or memoranda than those prescribed or approved by the commission and It may employ special agents or examiners who shall have authority under the order of the com mission to Inspect and examine any and all accounts records and memo randa kept by such carriers This pro vision shall apply to receivers of carri ers and operating trustees Forfeits For Disobedience In case of failure or refusal on the part of any such carrier receiver or trustee to keep such accounts records and memoranda on the books aud in the manuor prescribed by the commis sion or to submit such accounts rec ords and memoranda as are kept to the inspection of the commission o te a any of Its authorized agents orexamI ners such carrier receiver or trustee shall forfeit to the United States the sum of 500 for each such offense and for each and every day of the continu ance of such offense such forfeitures to he recoverable In the same manner as other forfeitures provided for In this act Imprisonment For False Entries Any person who shall willfully make any false entry In the accounts of any book of accounts or in any rec ord or memoranda kept by a carrier or who shall willfully destroy mutilate alter or by aii3 other means or device falsify the record of any such account record or memoranda or who shall willfully neglect or fail to make full true and correct entries in such ac counts records or memoranda of all facts and transactions appertaining to the carriers business or shall keep any other accounts records or memo randa than those prescribed or ap proved by the commission shall be deemed guilty of a misdemeanor and shall be subject upon conviction in any court of the United States of com petent Jurisdiction to a fine of not le- than 1000 nor more than 50 oi Imprisonment for a term not less thai one year nor more than three years o both such fine and imprisonment Fines For Indiscreet Examiners Any examiner who divulges any fact or information which may come to his knowledge during the course of such examination except in so far as he may be directed by the commission or by a court or judge thereof shall be subject upon conviction in any court of the United States of competent ju risdiction to a fine of not more than 5000 or Imprisonment for a term not exceeding two years or both That the circuit and district courts of the United States shall have juris diction upon the application of the at torney general of the United States at the request of the commission alleging a failure to comply with or a violation of any of the provisions of said act to regulate commerce or of any act sup plementary thereto or amendatory thereof by any common carrier to is sue a writ or writs of mandamus com manding such common carrier to com ply with the provisions of said acts or any of them And to carry out and give effect to the provisions of said acts or any of them the commission is hereby author izes to employ special agents or exami ners who shall have power to adminis ter oaths examine witnesses and re ceive evidence Bills of Lading That any common carrier railroad or transportation company receiving property for transportation from a point in one state to a point In another state shall Issue a receipt or bill of lading therefor and shall be liable to the holder thereof for any loss dam age or Injury to such property caused by it or by any common carrier rail road or transportation company to which such property may be delivered or over whose line or lines such prop erty may pass and no contract re ceipt rule or regulation shall exempt such common carrier railroad or transportation company from the lia bility herein imposed Provided that nothing in tills section shall deprive any holder of such receipt or bill of t lading of any remedy or right of action which he has under existing law That the common carrier railroad or transportation company issuing such receipt or bill of lading shall be entitled to recover from the common carrier railroad or transportation company through whose negligence the loss damage or Injury shall have been sustained the amount of such loss damage or injury as it inay be re quired to pay to the owners of such property Sec S That all existing laws relat ing to the attendance of witnesses and the production of evidence and the compelling of testimony under the act to regulate commerce and all acts amendatory thereof shall apply to any and all proceedings and hearings under this act Sec 9 That all laws and parts of j laws in conflict with the provisions of j this act are hereby repealed but the amendments herein provided for shall not affect causes now pending In j courts of the United States but such j causes shall be prosecuted to a j sion in the manner heretofore provided by law Sec 10 That this act shall take ef fect and be In force from and after Its Dassage Plutos Safety Valve A round smooth hole In the side of a granite monument about nine miles out from the City of Mexico is locally known by a term which signifies Plu tos safety valve The hole Is about nine inches in diameter at the opening which Is polished In a manner which suggests human workmanship That man had nothing to do with drilling or polishing this hole will be readily surmised when it is known that it has occasionally emitted hot air and smoke during a period extending over 300 years The Man of Force There is always room for a man of force and he makes room for many Society is a troop of thinkers and the best heads among them take the best places A feeble man can see the farms that are fenced and tilled the houses that are built The strong man sees the possible houses and farms His eye makes estates as fast as the sun breeds clouds Emerson Quite Fumillnr There Is not much In a name per haps said a young Sunday school teacher Still It did give me a turn last Sunday when I asked a boy In my class how many apostles there were to have him look up and reply care lessly Oh a dozen or so Disease takes no summer vacation If you need flesh and strength use Scotts Emulsion summer as in winter Send for free sample SCOTT nOWNE Chemists 409 415 Icnrl Street New York 50c and 100 all druggists A Guaranteed Cure For Piles Itching Blind lileeding or Protrud ing Piles Druggists refund money if Pazo Ointment fails to euro any case no matter of how long standing in Gtoli days First application gives ease and rest f0c If your druggist hasnt it send 50c in stumps and it will bo for warded postpaid by Paris Medicine Co St Louis Mo To Cure a Cold In One Day Take laxative iiuomo quinine tablets All druggists refund tbo money if it fails to cure E V Groos signature is on each box Swc Georgia Brown Fashionable Dress and Mantau Maker Now Walsh BIdg Phono 289 JOB HIGHT CONTRACTOR and BUILDER Farm Buildings a Specialty SATISFACTION GUAKANTEKD McCook Neb OHiEHESTERS ENGLISH PENNYROYAL P ILLS tor 25 lTTav3 reliable Lndlcfloslc Druggist Toi GUICIIKKTliirM KN3IN5I I KeU an 0I1I metallic boxes sealed with blue ribbon Jaur no other IScfuvp danseroun nuhxtl tallmisanil iiaitntionH Iluyof your DruirKist or send If in Mnps fur Iarliralnni Tentl monlalH and Keller Tor Xndie in Utter by re urn Mail 10000 Testmonials Kold by all Druggists CHICHESTER CHEMICAL CO 2100 JHadiOQ Square IHILA P4 Mention tMt J eeeling I TJVKR ISfT I a twio a vsavan - TAKE I A Gc Ie Laxative And petizer l1 V01PIIWB The best of every thing in his line at the most reasonable prices is Harshs motto He wants your trade and hopes by merit to keep it IE The Butcher Phone 12